Writ Petition under Articles 226 and 227 of the Constitution of India filed for transfer of investigation from Udupi Town Police to CID. Court considered preliminary arguments regarding completion of investigation and disposed of the petition without transferring the case.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF SEPTEMBER 2013
BEFORE
THE HON’BLE MR. JUSTICE A S BOPANNA
WRIT PETITION No.33033/2013 (GM-POLICE)
BETWEEN:
SURESH NAIK @ SURESH KUMAR P AGED ABOUT 29 YEARS S/O DAMODARA NAIK HOUSE NO.8-1-35 F 1 “YAMUNA NILAYA” PANIYADI, KUNJIBETTU POST UDUPI TALUK AND DISTRICT- 576 102 ... PETITIONER (BY SRI B S PRASAD, ADV.)
AND:
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AGED ABOUT 55 YEARS ABBAS COMPOUND KASTURBA NAGAR, BUDNAR KUNJIBETTU POST UDUPI TALUK AND DIST.576 102
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ABBAS COMPOUND KASTURBA NAGAR, BUDNAR KUNJIBETTU POST UDUPI TALUK AND DIST.-576 102
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PROPRIETER MAHATHMA GHANDI PRINTERS BEHIND SHIEK HEENA COMPLEX NEAR CITY BUS STOP, UDUPI UDUPI TALUK AND DIST.-576 102
... RESPONDENTS
(BY SRI E S INDIRESH, HCGP FOR R1, 2 AND 22 NOTICE TO OTHER RESPONDENTS UNNECESSARY)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE RESPONDENT NO.2 TO TAKE OVER THE INVESTIGATION IN CR.NO.311/2013 REGISTERED BY THE UDUPI TOWN POLICE AT THE EARLIEST.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING :
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O R D E R
Learned Government Advocate to accept notice for respondents No. 1, 2 and 22. He is permitted to file memo of appearance in four weeks. Considering the nature of disposal, notice to other respondents is un-necessary.
2. Learned Government Advocate on instructions
would submit that the investigation has been completed and a 'B' report has been filed before the jurisdictional Sessions Court. If at all the petitioner is aggrieved, it would be open for the petitioner to file an appropriate protest petition before the jurisdictional Court.
In that view of the matter, the petition stands
disposed of.
Sd/-
JUDGE
hrp/bms
1 issue framed by the court
Whether the Writ Court should direct the CID to take over investigation into Cr.No.311/2013.
1 provisions across 1 enactments
SURESH NAIK @ SURESH KUMAR P
STATE OF KARNATAKA MINISTRY OF HOME
CID POLICE
SMT. SANGEETHA @ GULZAR BANU
MUKTHAR SAHEB
A S BOPANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
